Regulations under the Patent Cooperation Treaty
Print this pageRule 1. Abbreviated Expressions
1.1 Meaning of Abbreviated Expressions
Rule 2. Interpretation of Certain Words
2.2bis “Common Representative”
Rule 3. The Request (Form)
Rule 4. The Request (Contents)
4.1 Mandatory and Optional Contents; Signature
4.9 Designation of States; Kinds of Protection; National and Regional Patents
4.11 Reference to Continuation or Continuation-in-Part, or Parent Application or Grant
4.12 Taking into Account Results of Earlier Search
4.13 [Vervallen.]
4.14 [Vervallen.]
4.14bis Choice of International Searching Authority
4.16 Transliteration or Translation of Certain Words
4.17 Declarations Relating to National Requirements Referred to in Rule 51bis.1.a)(i) to (v)
4.18 Statement of Incorporation by Reference
Rule 5. The Description
5.2 Nucleotide and/or Amino Acid Sequence Disclosure
Rule 6. The Claims
6.1 Number and Numbering of Claims
6.2 References to Other Parts of the International Application
Rule 7. The Drawings
Rule 8. The Abstract
8.1 Contents and Form of the Abstract
8.3 Guiding Principles in Drafting
Rule 9. Expressions, Etc., Not To Be Used
9.2 Noting of Lack of Compliance
9.3 Reference to Article 21(6)
Rule 10. Terminology and Signs
Rule 11. Physical Requirements of the International Application
11.10 Drawings; Formulae, and Tables, in Text Matter
11.13 Special Requirements for Drawings
Rule 12. Language of the International Application and Translations for the Purposes of International Search and International Publication
12.1 Languages Accepted for the Filing of International Applications
12.1bis Language of Elements and Parts Furnished under Rule 20.3, 20.5 or 20.6
12.1ter Language of Indications Furnished under Rule 13bis.4
12.2 Language of Changes in the International Application
12.3 Translation for the Purposes of International Search
12.4 Translation for the Purposes of International Publication
Rule 12bis. Submission by the Applicant of Documents Relating to Earlier Search
Rule 13. Unity of Invention
13.2 Circumstances in Which the Requirement of Unity of Invention Is to Be Considered Fulfilled
13.3 Determination of Unity of Invention Not Affected by Manner of Claiming
Rule 13bis. Inventions Relating to Biological Material
13bis.3 References: Contents; Failure to Include Reference or Indication
13bis.4 References: Time Limit for Furnishing Indications
13bis.7 National Requirements: Notification and Publication
Rule 13ter. Nucleotide and/or Amino Acid Sequence Listings
13ter.1 Procedure Before the International Searching Authority
13ter.2 Procedure Before the International Preliminary Examining Authority
13ter.3 Sequence Listing for Designated Office
Rule 14. The Transmittal Fee
Rule 15. The International Filing Fee
15.1 The International Filing Fee
15.3 Time Limit for Payment; Amount Payable
Rule 16. The Search Fee
Rule 16bis. Extension of Time Limits for Payment of Fees
16bis.1 Invitation by the Receiving Office
Rule 17. The Priority Document
17.1 Obligation to Submit Copy of Earlier National or International Application
Rule 18. The Applicant
18.1 Residence and Nationality
18.2 [Vervallen.]
18.4 Information on Requirements Under National Law as to Applicants
Rule 19. The Competent Receiving Office
19.3 Publication of Fact of Delegation of Duties of Receiving Office
19.4 Transmittal to the International Bureau as Receiving Office
Rule 20. International Filing Date
20.1 Determination under Article 11(1)
20.2 Positive Determination under Article 11(1)
20.3 Defects under Article 11(1)
20.4 Negative Determination under Article 11(1)
20.6 Confirmation of Incorporation by Reference of Elements and Parts
20.8 Incompatibility with National Laws
Rule 21. Preparation of Copies
21.1 Responsibility of the Receiving Office
21.2 Certified Copy for the Applicant
Rule 22. Transmittal of the Record Copy and Translation
22.2 [Vervallen.]
22.3 Time Limit under Article 12(3)
Rule 23. Transmittal of the Search Copy, Translation and Sequence Listing
Rule 23bis. Transmittal of Documents Relating to Earlier Search or Classification
23bis.1 Transmittal of Documents Relating to Earlier Search in Case of Request under Rule 4.12
Rule 24. Receipt of the Record Copy by the International Bureau
24.1 [Vervallen.]
24.2 Notification of Receipt of the Record Copy
Rule 25. Receipt of the Search Copy by the International Searching Authority
25.1 Notification of Receipt of the Search Copy
Rule 26. Checking by, and Correcting before, the Receiving Office of Certain Elements of the International Application
26.1 Invitation under Article 14(1)b) to Correct
26.2 Time Limit for Correction
26.2bis Checking of Requirements Under Article 14(1)a)(i) and (ii)
26.3 Checking of Physical Requirements Under Article 14(1)a)(v)
26.3bis Invitation Under Article 14(1)b) to Correct Defects Under Rule 11
26.3ter Invitation to Correct Defects under Article 3(4)(i)
26.5 Decision of the Receiving Office
Rule 26bis. Correction or Addition of Priority Claim
26bis.1 Correction or Addition of Priority Claim
26bis.2 Defects in Priority Claims
26bis.3 Restoration of Right of Priority by Receiving Office
Rule 26ter. Correction or Addition of Declarations Under Rule 4.17
26ter.1 Correction or Addition of Declarations
26ter.2 Processing of Declarations
Rule 27. Lack of Payment of Fees
Rule 28. Defects Noted by the International Bureau
Rule 29. International Applications Considered Withdrawn
29.1 Finding by Receiving Office
29.2 [Vervallen.]
29.3 Calling Certain Facts to the Attention of the Receiving Office
29.4 Notification of Intent to Make Declaration under Article 14(4)
Rule 30. Time Limit under Article 14(4)
Rule 31. Copies Required under Article 13
Rule 32. Extension of Effects of International Application to Certain Successor States
32.1 Extension of International Application to Successor State
32.2 Effects of Extension to Successor State
Rule 33. Relevant Prior Art for the International Search
33.1 Relevant Prior Art for the International Search
33.2 Fields to be Covered by the International Search
33.3 Orientation of the International Search
Rule 34. Minimum Documentation
Rule 35. The Competent International Searching Authority
35.1 When Only One International Searching Authority is Competent
35.2 When Several International Searching Authorities are Competent
35.3 When the International Bureau Is Receiving Office Under Rule 19.1(a)(iii)
Rule 36. Minimum Requirements for International Searching Authorities
36.1 Definition of Minimum Requirements
Rule 37. Missing or Defective Title
Rule 38. Missing or Defective Abstract
38.2 Establishment of Abstract
Rule 39. Subject Matter under Article 17(2) (a) (i)
Rule 40. Lack of Unity of Invention (International Search)
40.1 Invitation to Pay Additional Fees; Time Limit
Rule 41. Taking into Account Results of Earlier Search
41.1 Taking into Account Results of Earlier Search in Case of a Request under Rule 4.12
41.2 Taking into Account Results of Earlier Search and Classification in Other Cases
Rule 42. Time Limit for International Search
42.1 Time Limit for International Search
Rule 43. The International Search Report
43.6bis Consideration of Rectifications of Obvious Mistakes
43.7 Remarks Concerning Unity of Invention
Rule 43bis. Written Opinion of the International Searching Authority
Rule 44. Transmittal of the International Search Report, Written Opinion, Etc.
44.1 Copies of Report or Declaration and Written Opinion
44.3 Copies of Cited Documents
Rule 44bis. International Preliminary Report on Patentability by the International Searching Authority
44bis.1 Issuance of Report; Transmittal to the Applicant
44bis.2 Communication to Designated Offices
44bis.3 Translation for Designated Offices
44bis.4 Observations on the Translation
Rule 44ter. Confidential Nature of Written Opinion, Report, Translation and Observations
[Vervallen per 01-07-2014]
Rule 45. Translation of the International Search Report
Rule 45bis. Supplementary International Searches
45bis.1 Supplementary Search Request
45bis.2 Supplementary Search Handling Fee
45bis.3 Supplementary Search Fee
45bis.5 Start, Basis and Scope of Supplementary International Search
45bis.7 Supplementary International Search Report
45bis.8 Transmittal and Effect of the Supplementary International Search Report
Rule 46. Amendment of Claims before the International Bureau
Rule 47. Communication to Designated Offices
47.4 Express Request Under Article 23(2) Prior to International Publication
Rule 48. International Publication
48.4 Earlier Publication on the Applicant's Request
48.5 Notification of National Publication
48.6 Announcing of Certain Facts
Rule 49. Copy, Translation and Fee Under Article 22
49.3 Statements under Article 19; Indications under Rule 13bis.4
49.5 Contents of and Physical Requirements for the Translation
49.6 Reinstatement of Rights After Failure to Perform the Acts Referred to in Article 22
Rule 49bis. Indications as to Protection Sought for Purposes of National Processing
49bis.1 Choice of Certain Kinds of Protection
49bis.2 Time of Furnishing Indications
Rule 49ter. Effect of Restoration of Right of Priority by Receiving Office; Restoration of Right of Priority by Designated Office
49ter.1 Effect of Restoration of Right of Priority by Receiving Office
49ter.2 Restoration of Right of Priority by Designated Office
Rule 50. Faculty under Article 22(3)
Rule 51. Review by Designated Offices
51.1 Time Limit for Presenting the Request to Send Copies
51.3 Time Limit for Paying National Fee and Furnishing Translation
Rule 51bis. Certain National Requirements Allowed under Article 27
51bis.1 Certain National Requirements Allowed
51bis.2 Certain Circumstances in Which Documents or Evidence May Not Be Required
51bis.3 Opportunity to Comply with National Requirements
Rule 52. Amendment of the Claims, the Description, and the Drawings, Before Designated Offices
Rule 53. The Demand
53.5 Agent or Common Representative
53.6 Identification of the International Application
53.9 Statement Concerning Amendments
Rule 54. The Applicant Entitled to Make a Demand
54.1 Residence and Nationality
54.3 International Applications Filed with the International Bureau as Receiving Office
54.4 Applicant Not Entitled to Make a Demand
Rule 54bis. Time Limit for Making a Demand
54bis.1 Time Limit for Making a Demand
Rule 55. Languages (International Preliminary Examination)
55.2 Translation of International Application
55.3 Language and Translation of Amendments and Letters
Rule 56. Later Elections [vervallen]
Rule 57. The Handling Fee
57.3 Time Limit for Payment; Amount Payable
Rule 58. The Preliminary Examination Fee
58.2 [Vervallen.]
Rule 58bis. Extension of Time Limits for Payment of Fees
58bis.1 Invitation by the International Preliminary Examining Authority
Rule 59. The Competent International Preliminary Examining Authority
59.1 Demands under Article 31(2)(a)
59.2 Demands under Article 31(2)(b)
59.3 Transmittal of the Demand to the Competent International Preliminary Examining Authority
Rule 60. Certain Defects in the Demand
Rule 61. Notification of the Demand and Elections
61.1 Notification to the International Bureau and the Applicant
61.2 Notification to the Elected Offices
61.3 Information for the Applicant
61.4 Publication in the Gazette
Rule 62. Copy of the Written Opinion by the International Searching Authority and of Amendments under Article 19 for the International Preliminary Examining Authority
62.2 Amendments Made after the Demand Is Filed
Rule 62bis. Translation for the International Preliminary Examining Authority of the Written Opinion of the International Searching Authority
62bis.1 Translation and Observations
Rule 63. Minimum Requirements for International Preliminary Examining Authorities
63.1 Definition of Minimum Requirements
Rule 64. Prior Art for International Preliminary Examination
64.3 Certain Published Documents
Rule 65. Inventive Step or Non-Obviousness
Rule 66. Procedure Before the International Preliminary Examining Authority
66.1 Basis of the International Preliminary Examination
66.1bis Written Opinion of the International Searching Authority
66.2 Written Opinion of the International Preliminary Examining Authority
66.3 Formal Response to the International Preliminary Examining Authority
66.4 Additional Opportunity for Submitting Amendments or Arguments
66.4bis Consideration of Amendments, Arguments and Rectifications of Obvious Mistakes
66.6 Informal Communications with the Applicant
66.7 Copy and Translation of Earlier Application Whose Priority is Claimed
Rule 67. Subject Matter under Article 34(4) (a) (i)
Rule 68. Lack of Unity of Invention (International Preliminary Examination)
68.1 No Invitation to Restrict or Pay
68.2 Invitation to Restrict or Pay
68.4 Procedure in the Case of Insufficient Restriction of the Claims
Rule 69. Start of and Time Limit for International Preliminary Examination
69.1 Start of International Preliminary Examination
69.2 Time Limit for International Preliminary Examination
Rule 70. International preliminary Report on Patentability by the International Preliminary Examining Authority (International Examination Report)
70.6 Statement under Article 35(2)
70.7 Citations Under Article 35(2)
70.8 Explanations under Article 35(2)
70.10 Certain Published Documents
70.12 Mention of Certain Defects and Other Matters
70.13 Remarks Concerning Unity of Invention
70.17 Languages of the Report and the Annexes
Rule 71. Transmittal of the International Preliminary Examination Report
71.2 Copies of Cited Documents
Rule 72. Translation of the International Preliminary Examination Report and of the Written Opinion of the International Searching Authority
72.2 Copy of Translation for the Applicant
72.3 Observations on the Translation
Rule 73. Communication of the International Preliminary Examination Report or the Written Opinion of the International Searching Authority
73.2 Communication to Elected Offices
Rule 74. Translations of Annexes of the International Preliminary Examination Report and Transmittal Thereof
74.1 Contents of Translation and Time Limit for Transmittal Thereof
Rule 75. Withdrawal of the Demand, or of Elections [vervallen]
Rule 76. Translation of Priority Document; Application of Certain Rules to Procedures before Elected Offices
76.1 [ Vervallen.]
76.2 [ Vervallen.]
76.3 [ Vervallen.]
76.4 Time Limit for Translation of priority Document
76.5 Application of Certain Rules to Procedures before Elected Office
Rule 77. Faculty under Article 39(1)(b)
Rule 78. Amendment of the Claims, the Description, and the Drawings, Before Elected Offices
78.2 [Vervallen.]
Rule 79. Calendar
Rule 80. Computation of Time Limits
80.1 Periods Expressed in Years
80.2 Periods Expressed in Months
80.3 Periods Expressed in Days
80.5 Expiration on a Non-Working Day or Official Holiday
Rule 81. Modification of Time Limits Fixed in the Treaty
Rule 82. Irregularities in the Mail Service
82.2 [Vervallen.]
Rule 82bis. Excuse by the Designated or Elected State of Delays in Meeting Certain Time Limits
82bis.1 Meaning of “Time Limit” in Article 48(2)
82bis.2 Reinstatement of Rights and Other Provisions to which Article 48(2) Applies
Rule 82ter. Rectification of Errors Made by the Receiving Office or by the International Bureau
82ter.1 Errors concerning the International Filing Date and the Priority Claim
Rule 82quater. Excuse of Delay in Meeting Time Limits
82quater.1 Excuse of Delay in Meeting Time Limits
Rule 83. Right to Practice Before International Authorities
83.1bis Where the International Bureau Is the Receiving Office
Rule 84. Expenses of Delegations
84.1 Expenses Borne by Governments
Rule 85. Absence of Quorum in the Assembly
Rule 86. The Gazette
86.2 Languages; Form and Means of Publication; Timing
Rule 87. Communication of Publications
87.1 Communication of Publications on Request
Rule 88. Amendment of the Regulations
88.2 [Vervallen.]
88.3 Requirement of Absence of Opposition by Certain States
Rule 89. Administrative Instructions
89.3 Publication and Entry Into Force
Rule 89bis. Filing, Processing and Communication of International Applications and Other Documents in Electronic Form or by Electronic Means
89bis.1 International Applications
89bis.3 Communication Between Offices
Rule 89ter. Copies in Electronic Form of Documents Filed on Paper
89ter.1 Copies in Electronic Form of Documents Filed on Paper
Rule 90. Agents and Common Representatives
90.3 Effects of Acts by or in Relation to Agents and Common Representatives
90.4 Manner of Appointment of Agent or Common Representative
90.5 General Power of Attorney
90.6 Revocation and Renunciation
Rule 90bis. Withdrawals
90bis.1 Withdrawal of the International Application
90bis.2 Withdrawal of Designations
90bis.3 Withdrawal of Priority Claims
90bis3bis. Withdrawal of Supplementary Search Request
90bis.4 Withdrawal of the Demand, or of Elections
90bis.7 Faculty under Article 37(4)(b)
Rule 91. Rectification of Obvious Mistakes in the International Application and Other Documents
91.1 Rectification of Obvious Mistakes
91.2 Requests for Rectification
91.3 Authorization and Effect of Rectifications
Rule 92. Correspondence
92.1 Need for Letter and for Signature
92.3 Mailings by National Offices and Intergovernmental Organizations
92.4 Use of Telegraph, Teleprinter, Facsimile Machine, Etc.
Rule 92bis. Recording of Changes in Certain Indications in the Request or the Demand
92bis.1 Recording of Changes by the International Bureau
Rule 93. Keeping of Records and Files
93.3 The International Searching and Preliminary Examining Authorities
Rule 93bis. Manner of Communication of Documents
93bis.1 Communication on Request; Communication via Digital Library
Rule 94. Access to Files
94.1 Access to the File Held by the International Bureau
94.1bis Access to the File Held by the Receiving Office
94.1ter Access to the File Held by the International Searching Authority
94.2 Access to the File Held by the International Preliminary Examining Authority
94.2bis Access to the File Held by the Designated Office
94.3 Access to the File Held by the Elected Office
Rule 95. Information and Translations from Designated and Elected Offices
95.1 Information Concerning Events at the Designated and Elected Offices
95.2 Furnishing of Copies of Translations
Rule 96. The Schedule of Fees
96.1 Schedule of Fees Annexed to Regulations
Text in force at 01-01-2020. The text can be verified at overheid.nl.
